BREEDING FEMALE
PURCHASE AGREEMENT
This Purchase Agreement (“Agreement”) is entered into this ____insert date______between the following parties,_____________(“Buyer”) and _____________ (“Seller”)with respect to the following facts:
A. General Terms.
1. Terms of Sale. Buyer agrees to Purchase from Seller____describe kitten here - color/generation/sex/parents/litter registration #________________(“the kitten”) for the purchase price of _______ insert purchase price______________. Buyer also agrees to pay shipping charge from insert your city and state to insert Buyer’s airport city and State in the amount of ____insert shipping cost.
A deposit in the amount of ___insert amount__ (“Deposit” )is to be paid/has been to Seller to hold the kitten. This deposit is non-refundable under any circumstance, with the exception of those mentioned in Section A.5 below. In the event the kitten becomes unfit for sale, Deposit shall be credited toward another kitten from Buyer.
2. Payment. Buyer further agrees that payment in full for the kitten shall be tendered via insert preferred method of payment - e.g. – cashier’s check/money order/Paypal/ cash no later than _____________.
3. Registration Papers. Upon receipt of payment from full payment Buyer and upon shipment of the kitten from Seller to Buyer and acceptance thereof of the kitten, Seller agrees to furnish Buyer with the registration papers reflecting registry in The International Cat Association (T.I.C.A.) for the kitten in a timely manner.
4. Shipping. Seller agrees to ship the kitten to _____Buyers designated airport___ upon receipt of full payment. In the event of full payment being in the form of a personal check, Seller shall ship the kitten upon clearance of the personal check through Seller’s bank account. Or alternative provisions regarding pick up of kitten.
5. Warranties by Seller.
A. General Health. Sound health of kitten is guaranteed upon arrival. Vaccination, worming, and medical records are to be provided by Seller at the contemporaneously with shipment of the kitten. Health is further guaranteed for a period of seventy-two (72) hours from the time the kitten leaves possession of the Seller. It is highly recommended that Buyer take the kitten to Buyer's veterinarian within the 72 hour period for Buyer’s own satisfaction and protection. A general health examination including fecal testing is suggested. In the event that a licensed veterinarian fins this kitten top have a health problem. Buyer shall immediately inform Seller of the same and provide Seller and original letters from said veterinarian providing a detailed explanation of the health problem(s) associated with said kitten.
B. Temperament. The kitten is additionally guaranteed to be of acceptable temperament, although Buyer is responsible to ensure adequate socialization.
C. Genetic Defects/Disease. Inasmuch as the kitten is to be used for breeding, Seller further warrants that the kitten is free from congenital defects and genetic disease. This warranty against congenital defects and genetic disease is valid for a period not to exceed one year from date of sale. In the event the kitten is found to have a congenital defect and or genetic /disease, Seller must be notified in writing of the same and written veterinary records must be provided to Seller. Upon Seller’s satisfaction that the kitten has a congenital defect and/ or genetic disease, Buyer has the following options: (a) The kitten may be returned to Seller and Buyer may obtain a replacement kitten of equal quality. Seller agrees to pay for the return shipment of the kitten under this circumstance; or (b) The kitten can be retained by Buyer and upon written proof of spay being provided to Seller, Seller shall issue a refund to Buyer in an amount equivalent to fifty (50%) percent of the purchase price.
Seller and Buyer also agree that in the event said defect is discovered after the kitten has produced a litter, no refund or replacement shall be due Buyer. Additionally, Buyer agrees to grant Seller full access to veterinary records in the event a dispute arises as to whether the kitten has been used for breeding.
D. Fertility. Kitten is guaranteed to be fertile as an adult, given sufficient time (3 years) and opportunity. Definition of fertility is female kitten will get pregnant and deliver. No guarantee of parenting abilities of said kitten. If there is any question regarding fertility of kitten, said kitten must be returned to Seller (at Buyer’s cost) for a period of six months during spring breeding. In the event that a veterinarian determines kitten to be infertile, Seller has the right to have full written explanation provided by Buyer’s veterinarian or by a licensed veterinarian of Seller’s choosing. In the event that kitten fails to get pregnant and proof of said failure and its reasons are produced to Seller in the form of a written statement by a licensed veterinarian Seller agrees to replace said kitten with a kitten of equal value. The kitten which is the subject of this Agreement shall be returned to Seller without being spayed prior to a replacement kitten being shipped. All costs associated with the return of this kitten and well as the shipping of the replacement kitten will be born by Buyer.
Female kittens are not guaranteed to be fertile if they are allowed to breed before 10 months of age, or if a proven male does not reside on premises. There is no guarantee against pyometra. The process of breeding is not to be taken lightly and breeders must take measures to educate themselves on the subject. Buyer understand that female kittens used for breeding do not do well in small cages and hereby agrees to provide kitten with adequate living space in an area free from disease and/or parasite and to furnish said kitten with a high quality diet.
6. Warrantees by Buyer.
A. Sales to Brokers/Pet Stores/Research Facilities. Neither the kitten which is the subject of this Agreement nor offspring from said kitten will be sold to animal brokers, pet shops, research facilities or their agents. All offspring will be sold with registration papers, health guarantees and cannot be sold in "litter lots".
B. Sale/Lease/Loan to Third Parties. The kitten cannot be sold or leased to a third party at any time. In the event that Buyer can no longer keep the kitten, Seller shall be given the right of first refusal to purchase back the kitten for a sum equal to seventy-five (75%) percent of the original purchase price. In this event Seller chooses to buy back the kitten, Buyer is to pay for all shipping costs associated with the return to Seller, including but not limited veterinary health certificates.
C. FIP Vaccine. All warranties, either expressed or implied are null and void if Buyer gives the kitten a FIP vaccination. FIP has been shown to have adverse side effects and is not recommended.
D. Quarantine. Buyer agrees to quarantine kitten for a period of at least two weeks. It is recommended by Seller that the quarantine period be up to four weeks. In the event that Buyer exposes kitten to other cats prior tp the expiration of said two week period, all warranties and representations made by Seller and as contained in this Agreement shall be null and void.
E. Kitten No Longer Used For Breeding Purposes. In the event that Buyer chooses to no longer breed kitten, kitten is to be offered back to Seller at a price equivalent to that of an altered cat of the same generation and type. In the event Seller declines to buy back said kitten, Buyer agrees to spay and sell said kitten to a pet home approved by Seller. In the event that Buyer wishes to sell said kitten to a different breeder for use in a different breeding program, Buyer agrees that Seller shall have the right to consent to the proposed sale to a new breeder. Seller shall not unreasonable withhold said consent.
B. Default by Buyer.
In the event that Buyer fails to tender payment to Seller in the manner stated above in Section A.2. of this Agreement, this Agreement shall be null and void. In addition, Buyer shall pay to Seller a fee is the amount of $500.00 representing lost opportunity cost due to Seller in the even the kitten must be resold to another Buyer.
C. Miscellaneous Provisions.
1. Modification. Neither this Agreement
nor any of the terms of this Agreement, nor any covenant or condition contained
in this Agreement may be terminated, amended, supplemented, waived, or modified
orally, but only by an instrument in writing signed by the party against which
the enforcement of the termination, amendment, supplement, waiver, or
modification shall be sought. Any written amendment duly executed by the parties
to this Agreement shall be binding notwithstanding the absence of any
consideration therefor.
2. Choice of Forum. Seller
irrevocably consents and submits to the jurisdiction of the courts of Maricopa
County, Arizona and any United States Federal District Court in the district of
Phoenix, Arizona in connection with any suit, action, or other proceeding
arising out of or based on this Agreement. This Agreement shall be governed by
and construed according to the laws of Arizona.
3. Governing Law. This
Agreement, and all its provisions, shall be governed by the Arizona law.
4. Limitation on Actions. Any action brought under this Agreement shall be brought within one (1) year from the date of execution of the same
5. Severability. Any term
or provision of this Agreement that is invalid or unenforceable in any
jurisdiction shall be ineffective only to the extent of such invalidity or
unenforceability and only as to such jurisdiction without rendering invalid or
unenforceable the remaining terms and provisions of this Agreement or affecting
the validity or enforceability of any of these terms or provisions in any other
jurisdiction.
6. Preparation. The parties to this Agreement have participated in the preparation of the Agreement. In the event of any dispute or disagreement involving the construction of this Agreement, no inference will be drawn from the fact that any party had principal responsibility for its preparation.
7. Entire Agreement. This Agreement is the entire agreement and understanding between the parties regarding its subject matter and merges all prior discussions between the parties. No claimed oral agreement with respect to the matters herein shall be considered any part of this Agreement.
8. Parties Bound. This Agreement is binding upon and all inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, assigns, agents, employees, principals officers, directors, shareholders affiliates subsidiaries, and related companies.
9. Attorney Fees. If any
action at law or in equity is commenced by either party to enforce or interpret
the terms of this Agreement, the party finally prevailing in such proceeding or
action (after appeal, if any) shall be entitled to recover from the unsuccessful
party reasonable attorney fees, costs, and necessary disbursements in addition
to any other relief to which the prevailing party may be entitled.
10. Force Majeure. In the event of interruption of Seller’s business in whole or in part by reason of fire, flood, wind, storm, earthquake, war, strike, embargo, acts of God, governmental action, or any cause beyond Seller’s control, Seller shall have the option of cancelling or deferring shipment of the kitten by verbal or written notification to Buyer.
11. Counterparts. This
Agreement may be executed in two (2) or more counterparts, all of which shall be
considered one and the same agreement, and shall become effective when one
counterpart has been signed by each party and delivered to the other party
hereto.
12.Notices. All notices,
requests, demands, and other communications required by this Agreement shall be
in writing and shall be mailed by first class registered or certified mail, or
delivered by facsimile transmission as follows, or to such other address as a
party may designate to the other in writing:
(a) If to Seller: ________ [address of seller]
(b) If to Buyer: ________ [address of buyer]
13. Headings. All section headings contained in this Agreement are for convenience of reference only, do not form a part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement.]
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the date first set forth above.
______________________________
Seller Date
Include Name, Cattery Name, Address, Phone, Fax and Email here
______________________________
Buyer Date
Include Buyer’s Name, Address, Phone, Fax and Email here
____________Deposit paid on __________
____________Balance paid on __________